NWP General Provisions for Firm Fixed Price Orders

Rev. 0, October 1, 2012clause (or issued by the contractor to a subcontractor in accordance with paragraph (i) of thisclause) shall be without prejudice to any other legal or contractual rights of the Government.In the event that NWP issues a stop work order, an order authorizing the resumption of thework may be issued at the discretion of NWP. The subcontractor shall not be entitled to anextension of time or additional fee or damages by reason of, or in connection with, any workstoppages ordered in accordance with this clause.H. The subcontractor is responsible for compliance with the ES&H requirements applicable tothis contract regardless of the performer of the work.I. The subcontractor shall include a clause substantially the same as this clause in subcontractsinvolving complex or hazardous work on site at a DOE-owned or –leased facility. Suchsubcontracts shall provide for the right to stop work under the conditions described inparagraph (g) of this clause. Depending on the complexity and hazards associated with thework, NWP may require that the subcontractor submits a Safety Management System forNWP’ review and approval.J. When such a plan as described in this paragraph is required by the subcontract, theprovisions for records as found in DEAR 970.5232-3 also apply.A.30 ENVIRONMENTAL COMPLIANCE (Applies only to work performed on Government facilities)A. Definitions. As used in the Subcontract, the following capitalized terms shall have the meaningset forth herein:1. "Hazardous Waste" shall mean any waste or constituent regulated under the ResourceConservation and Recovery Act (RCRA) as amended (42 U.S.C. 6901 et seq.), or as setforth in 40 CFR 260 et seq., or in any similar laws of any state or local governmentalauthority having jurisdiction over the place(s) where (a) the work under the Subcontractwill be performed, or (b) any Hazardous Waste will be generated, shipped, stored,treated, or disposed of. Briefly, a waste is a Hazardous Waste if it exhibits a hazardouscharacteristic (ignitable, corrosive, reactive, or toxic), and/or it is listed in Subpart D of theRCRA regulations.2. For this document, the term "Hazardous Substance" shall be used generically to includeany "Hazardous Substance" as defined in the Comprehensive Environmental Response,Compensations and Liability Act as amended (42 U.S.C. 9601 et seq.), any "HazardousMaterial" as regulated under the Hazardous Materials Transportation Act as amended (49U.S.C. 1801 et seq.), or Occupational Safety and Health Act (OSHA) 29 CFR 1910Subpart H, "Oil" as defined in or under the Clean Water Act as amended (33 U.S.C. 1251et seq.), any “Chemical or Toxic or Hazardous Substance or Material” as defined in theToxic Substance Control Act (TSCA) (15 U.S.C. 2601 et seq.), and, without limitation, anyother substance or material identified as a toxic or hazardous substance, chemical, ormaterial, as such terms may be defined in or under any other applicable local, state, orfederal law, statute, ordinance, code, rule, or regulation. The term "Hazardous Substance"shall also include any container, device, material, component, and/or item, of which aHazardous Substance as defined above is a constituent, or in which a HazardousSubstance as defined above is contained.3. "Environmental Procedure" shall mean a document or series of documents published byNWP and incorporated into the Order by reference, which set forth and establish thepolicy for compliance with environmental laws and regulations by Subcontractors andsuppliers to NWP, including lower-tier subcontractors and suppliers at any tier.15